KEY POINTS:
The Environment Court has suggested giving Aucklanders a fresh say over the protection of old homes in many of the city's heritage suburbs.
Hundreds of residents have opposed plans by the Auckland City Council to lift demolition controls for half the pre-1940 homes in the Residential 2 zone covering Remuera, Epsom, Parnell, Herne Bay, Mt Albert, St Heliers and Kohimarama.
Now Judge Laurie Newhook has asked whether the council should publicly notify a new plan change or a plan variation for wider public input into the heritage battle.
Plan change 163 was introduced under former mayor Dick Hubbard to end the "days of people waking up and finding bulldozers have gone into the house next door".
Judge Newhook made the suggestion in a decision allowing five parties to join court action over the council's new heritage rules. He deferred a decision allowing planning lawyer Richard Brabant to join the court action after an objection from the Heavy Haulage Association.
The judge said the new parties were spurred by "significant changes" to the rules.
The council has proposed lifting demolition controls on 4128 of the 8112 houses in the Residential 2 zone as a compromise aimed at settling a legal row with three Remuera lawyers, Derek Nolan, Brian Latimour and Tim Burcher.
Judge Newhook said the council believed the changes could help the legal proceedings, "but the entry of a number of new parties causes me to wonder whether there is a preliminary issue to be determined by the court".
"That is ... whether the new direction would be better handled by way of a formal variation publicly notified, or a new plan change similarly notified."
Judge Newhook has invited the parties to comment by September 15.
Mr Brabant said the decision was useful for people who were concerned about plans to relax the controls.
City planning manager Penny Pirrit said the council did not believe a variation or new plan change was warranted.
She said a workshop with the Remuera lawyers, parties to the court action and interested organisations convened by Mayor John Banks had identified opportunities to move to a positive outcome.
Mr Banks said although there was some disagreement at the workshop, everyone agreed on the need to get something sound, sensible and legally sustainable.
A group was set up under the chairmanship of heritage architect Jeremy Salmond to try to come up with a "united position" in six weeks.
Parnell Heritage spokeswoman Kate Tolmie-Bowden said there were divergent views at the meeting.
She said the council was unable to provide details of the 750 submissions on the rules changes, but she understood a significant majority favoured retaining the demolition controls.
